Telemarketing

Are FTSA Lawsuits Here to Stay? - Klein Moynihan Turco LLP

Are FTSA Lawsuits Here to Stay?

About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act (“TCPA”) and created a state-based avenue for telemarketing litigation. Over the last year, FTSA lawsuits have changed the telemarketing landscape in Florida. The FTSA even inspired […]

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Third Circuit Decision Broadens TCPA Autodialer Definition? - Klein Moynihan Turco LLP

Third Circuit Decision Broadens TCPA Autodialer Definition?

Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago, this landmark case settled a circuit split about what features dialing equipment must have to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”). Despite the

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Trusted Form Wiretap Case Sows TCPA Confusion - Klein Moynihan Turco LLP

Trusted Form Wiretap Case Sows TCPA Confusion

For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act (“TCPA”). That need spawned the creation of services that record a consumer’s interactions with a given website’s consent flow in real time. One such company is ActiveProspect, offering a widely-used

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Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no idea how plaintiffs received any calls or text messages from them. Sometimes, it seems, these unknown calls and text messages come from the less scrupulous in the industry and try

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TSR Changes: What You Need To Know - Klein Moynihan Turco LLP

TSR Changes: What You Need to Know

 On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”) that would amend the Telemarketing Sales Rule (“TSR”). The FTC believes these changes are necessary to protect consumers from deceptive and abusive telemarketing practices. Please note that any business that

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TCPA Fax Exception: Saving Your Business From Liability - Klein Moynihan Turco LLP

TCPA Fax Exception: Saving Your Business From Liability

While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if

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